Fiorello v. New York Protestant Episcopal City Mission Society

The learned justice presiding at Special Term denied defendant’s motion to strike from the complaint certain allegations which defendant claims to be irrelevant and redundant. A preliminary objection was made to the granting of the motion upon the ground that rule 105 of the Rules of Civil Practice provides that motions made under rule 103 of the Rules of Civil Practice, which provides for striking out matter in the complaint, “ must be noticed within twenty days from the service of the pleading to which the motion is addressed.” That rule also provides that “ The time to make such motion…